New South Wales v DC

The case of *New South Wales v DC* concerned a dispute involving the State of New South Wales and DC, relating to the exercise of statutory powers to report child abuse. The central issue revolved around whether a duty of care was owed by the State in its exercise of these powers, and if so, the scope or extent of that duty. The primary judge had found that a failure to report abuse to the police could not be considered a reasonable exercise of the statutory powers in the circumstances. The State had conceded that in some situations, reporting abuse to the police might be the only reasonable course of action.

The High Court of Australia was required to determine whether, in light of the concessions made by the State, it was appropriate to consider the scope or extent of the common law duty of care owed in the exercise of statutory discretionary powers. A further issue arose concerning the vicarious liability of the State, where the State had conceded this liability, notwithstanding that the relevant statute providing for the vicarious liability of the Crown was not in force at the time.

The Court concluded that, given the concessions made by the State throughout the proceedings at trial and in the appeals to the Court of Appeal and the High Court, the case was not an appropriate vehicle for examining the scope or extent of the common law duty of care in the exercise of powers under the relevant Act. Consequently, special leave to appeal in relation to the second ground of appeal was revoked. The State was ordered to pay the respondents' costs of the proceedings in the High Court.